Anest v. Bailey

Plaintiffs, Peter and Thalia Anest, appeal from the trial court’s denial of their motion to reconsider the trial court’s earlier order granting summary judgment for defendant, Richard Bailey. On appeal, plaintiffs contend that their failure to timely deposit additional earnest money with defendant did not constitute a material breach of the parties’ real estate sales agreement and did not operate to excuse defendant’s specific performance under the agreement. Plaintiffs further contend that it may be reasonably inferred from the evidence that defendant waived the agreement’s “time is of the…